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Fact check: What appeals options does Trump have after his felony conviction sentencing?

Checked on June 6, 2025

1. Summary of the results

Trump has several concrete appeals options following his felony conviction:

  • A post-conviction briefing challenging the jury verdict [1]
  • A direct appeal to the First Judicial Department of New York's Appellate Division, which must be filed within 30 days of sentencing [1]
  • Potential further appeals to the New York Court of Appeals and the U.S. Supreme Court [1]

The likelihood of success diminishes at each level:

  • 40% at first appellate level
  • 10% at NY Court of Appeals
  • 1% at Supreme Court level [1]

2. Missing context/alternative viewpoints

Several important contextual elements weren't mentioned in the original question:

  • Trump received an unconditional discharge, meaning no immediate penalties, though the conviction remains on his record [2]
  • Specific grounds for appeal may include:

Challenging the elevation of misdemeanor to felony charges

Arguing vagueness of charges

Questioning jury instructions

Challenging venue and evidentiary issues, including Stormy Daniels' testimony [3]

  • A parallel strategy is being pursued to move the case from state to federal court, with oral arguments scheduled for June 11 [4]

3. Potential misinformation/bias in the original statement

The question itself is straightforward, but omits several crucial developments:

  • The Department of Justice has filed an amicus brief supporting moving the case to federal court, citing presidential immunity from a recent Supreme Court ruling [4]
  • The case is unprecedented in nature, as acknowledged by Trump's legal team [4]
  • Any appeal must be based on issues that were properly preserved during the original trial, which limits the scope of possible appeals [1]

These elements suggest that the appeals process is more complex than a simple procedural matter, involving multiple simultaneous legal strategies and unprecedented constitutional questions.

Want to dive deeper?
What are the typical grounds for appealing a felony conviction in New York state?
How long does the criminal appeals process usually take in federal court?
Can Trump run for president while his felony conviction is under appeal?
What happens to Trump's sentencing if his appeal is successful?
What are the differences between state and federal appeals processes for felony convictions?